Births, Deaths and Marriages Registration Act
2008 Revised Edition
CAP. 17.10
BIRTHS, DEATHS AND MARRIAGES
REGISTRATION ACT
Births, Deaths and Marriages Registration Act
CAP. 17.10
Arrangement of Sections
2008 Revised Edition
Page 3
BIRTHS, DEATHS AND MARRIAGES
REGISTRATION ACT
Arrangement of Sections
Section
PART I - PRELIMINARY 7
1 Short title................................................................................................................ 7
2 Interpretation.......................................................................................................... 7
3 Appointment of Registrar-General of Births, Deaths and Marriages .................... 8
4 General Registry Office ......................................................................................... 8
5 Designation of districts and appointment of registrars .......................................... 8
6 Office of registrar................................................................................................... 8
7 Provision of register boxes, registers, etc. ............................................................. 9
8 Delivering up of books, etc., on ceasing to hold office ......................................... 9
PART II - REGISTRATION OF BIRTHS 10
9 Particulars of births to be registered .................................................................... 10
10 Information concerning birth to be given to registrar within 10 days.................. 10
11 Information concerning finding of new-born child to be given within 42
days ...................................................................................................................... 11
12 Registrar's power to require information concerning birth .................................. 11
13 Registration of births free of charge .................................................................... 11
14 Registration of births free of charge .................................................................... 12
15 Late registration assessors.................................................................................... 12
16 Registration after 12 months from date of birth................................................... 12
17 Late registration order.......................................................................................... 12
18 Penalty for improper registration ......................................................................... 13
19 Provision as to father of illegitimate child ........................................................... 14
20 Special provision as to registration of still-birth.................................................. 14
21 Certificate of registration of birth ........................................................................ 14
22 Change of name ................................................................................................... 15
Arrangement of Sections
CAP. 17.10 Births, Deaths and Marriages Registration Act
2008 Revised Edition Page 4
PART III - REGISTRATION OF DEATHS 15
23 Particulars of deaths to be registered....................................................................15
24 Information concerning death in a house .............................................................15
25 Information concerning other deaths....................................................................16
26 Notice preliminary to information of death..........................................................17
27 Registrar's power to require information concerning death .................................17
28 Registration of death free of charge .....................................................................18
29 Registration of death after 12 months ..................................................................18
30 Certificate of cause of death.................................................................................18
31 Furnishing of information by magistrate holding inquiring .................................19
32 Certificate as to registration of death ...................................................................19
PART IV - MARRIAGES 20
33 Duties of Registrar-General, registrars, certain ministers etc., with regard
to registration etc., of marriages...........................................................................20
PART V - GENERAL 20
34 Duty of registrar to send certified copies of entries to Registrar-General............20
35 Custody of registers, etc. ......................................................................................20
36 Correction of errors in registers ...........................................................................21
37 Searches of indexes kept by the Registrar-General ..............................................21
38 Search in registers kept by registrars....................................................................22
39 Short certificate of birth .......................................................................................22
40 Entry in register as evidence of birth, death or marriage .....................................22
41 Offences relating to registers................................................................................23
42 Penalties for failing to give information, etc. .......................................................24
43 False statements, etc., as to births and deaths ......................................................24
44 Deputy registrars may be appointed to receive information on behalf of
registrars ...............................................................................................................25
45 Forms Schedule 1 .................................................................................................26
46 Fees Schedule 2....................................................................................................26
47 Regulations...........................................................................................................26
48 Savings .................................................................................................................26
SCHEDULE 1 27
REGISTER OF BIRTHS 27
REGISTER OF DEATHS 28
REGISTER OF MARRIAGES 29
SHORT CERTIFICATE OF BIRTH 30
Births, Deaths and Marriages Registration Act
CAP. 17.10
Arrangement of Sections
2008 Revised Edition
Page 5
SCHEDULE 2 31
FEES 31
Supporting Documents
ENDNOTES 32
Births, Deaths and Marriages Registration Act CAP. 17.10 Section 1
2008 Revised Edition
Page 7
BIRTHS, DEATHS AND MARRIAGES
REGISTRATION ACT
AN ACT TO MAKE PROVISION FOR THE REGISTRATION OF BIRTHS,
DEATHS AND MARRIAGES AND FOR MATTERS CONNECTED
THEREWITH.
Commencement [1st October 1968]
PART I - PRELIMINARY
1 Short title
This Act may be cited as the Births, Deaths and Marriages Registration Act.
2 Interpretation
In this Act unless the context otherwise requires:
“birth” includes a live-birth and a still-birth;
“disposal” in relation to a dead body means disposal by burial, cremation or
by any other means; and cognate expressions shall be construed accordingly;
“house” means a separate dwelling-house and includes a public institution;
“late registration assessor” and “assessor” means an island magistrate
appointed to act under section 15;
“live-birth” means the birth of a child born alive;
“occupier” in relation to a public institution means the officer responsible for
the superintendence of that institution, and in relation to a house let in
separate apartments or lodgings includes any person residing in the house who
Section 3 CAP. 17.10 Births, Deaths and Marriages Registration Act
2008 Revised Edition Page 8
is the person under whom the lodgings or separate apartments are
immediately held or his agent;
“public institution” means a prison, lockup or hospital and such other public
or charitable institution as may be prescribed;
“qualified informant” in relation to any birth or death means a person who is
by this Act, or in the case of a birth or death occurring before the
commencement of this Act, by any enactment then in force required or stated
to be qualified to give information concerning that birth or death;
“registrar” in relation to any birth or death means the registrar of births,
deaths and marriages appointed in accordance with the provisions of this Act
for the district in which the birth or death takes place or, where any living
new-born child is found exposed or any dead body is found and no
information as to the place of birth or death is available, for the district in
which the child or the dead body is found;
“Registrar-General” means the Registrar-General of Births, Deaths and
Marriages appointed under section 3;
“relative” includes a relative by marriage;
“still-born child” means a child which has issued from its mother after the
twenty-eighth week of pregnancy and which did not at anytime after being
completely expelled from its mother breathe or show any other signs of life,
and the expression “still-birth” shall be construed accordingly.
3 Appointment of Registrar-General of Births, Deaths and Marriages
The Minister may form time to time appoint a person to be Registrar-General of
Births, Deaths and Marriages and any person so appointed shall exercise the powers
and perform the duties conferred or imposed by or under this Act or any other Act
on the Registrar-General of Births, Deaths and Marriages.1
4 General Registry Office
The office of the Registrar-General shall be known as the General Registry Office.
5 Designation of districts and appointment of registrars
The Minister may by notice divide Tuvalu into districts for the purposes of this Act
and may appoint any person to be the registrar of births, deaths and marriages for
any such district.
6 Office of registrar
(1) Every registrar shall have an office in the district for which he is appointed.
Births, Deaths and Marriages Registration Act CAP. 17.10 Section 7
2008 Revised Edition
Page 9
(2) The office of every registrar shall be opened to the public on such days and at
such hours as may be prescribed.
(3) The office of every registrar shall be indicated by a notice in such form as the
Registrar-General may require placed in some conspicuous place on or near
the outer door thereof.
7 Provision of register boxes, registers, etc.
(1) The Registrar-General shall provide such number of strong fire-resisting
boxes as may be required to hold the registers kept by each registrar.
(2) It shall be the duty of the Registrar-General to ensure that each registrar is
supplied and kept supplied with a sufficient number of registers in the
prescribed form.
(3) Register books furnished in accordance with the provisions of this section
shall be of durable materials and the heads of information required to be
known and registered in relation to births, deaths, or marriages as the case
may be, shall be printed on each side of every leaf thereof; and every page of
every register book, and every place of entry therein, shall be numbered
progressively from the beginning to the end of the book, beginning with the
number 1, and every entry shall be divided from the following entry by a
printed line.
8 Delivering up of books, etc., on ceasing to hold office
(1) When any person ceases to hold the office of registrar for any district, all
register boxes, keys, books and documents in his possession as holder of that
office shall be handed over to his successor, or, if there is no successor, to
such person as the Registrar-General may designate.
(2) If any person who has in his custody or power any such articles as
aforementioned wilfully fails to deliver it up or account for it to the
satisfaction of the person in whose custody it should be, he shall be liable to a
fine of $50, and, if the failure continues after he is convicted thereof, he shall
be guilty of a further offence and be liable to a fine of $10 for every day on
which the failure has so continued.
(3) If a magistrate is satisfied by information on oath that there is reasonable
cause to believe that any article withheld in contravention of the provisions of
this section is in any specified house or place he may grant a search warrant
authorising any police officer named therein to enter and search that house or
place at any time and seize any such article so found and any such article so
found shall be delivered to the person in whose custody it should be.
Section 9 CAP. 17.10 Births, Deaths and Marriages Registration Act
2008 Revised Edition Page 10
PART II - REGISTRATION OF BIRTHS
9 Particulars of births to be registered
(1) Subject to the provisions of this Part of this Act, the birth of every child born
in Tuvalu shall be registered by the registrar for the district in which the child
was born by entering in a register kept for that district such particulars
concerning the birth as may be prescribed:
Provided that where a living new-born child is found exposed and no
information as to the place of birth is available, the birth shall be registered by
the registrar for the district in which the child is found.
(2) The following persons shall be qualified to give information concerning a
birth, that is to say:
(a) the father and mother of the child;
(b) any person present at the birth;
(c) any person occupying at the time of the birth any part of the house
wherein the child was born and having knowledge of the child having
been born in the house;
(d) any medical practitioner or midwife in attendance after the birth and
having personal knowledge of the birth having occurred;
(e) any person having charge of the child.
10 Information concerning birth to be given to registrar within 10 days
In the case of every birth it shall be the duty —
(a) of the father and mother of the child; and
(b) in the case of the death or inability of the father and mother, of such
other qualified informant,
to give to the registrar before the expiration of 10 days from the date of birth,
information of the particulars required to be registered concerning the birth:
Provided that —
(i) the giving of information by any one qualified informant shall act
as a discharge of any duty under this section of every other
qualified informant;
(ii) this section shall not apply if before the expiration of the said
period and before the birth has been registered, an inquest is held
at which the child is found to have been still-born.
Births, Deaths and Marriages Registration Act CAP. 17.10 Section 11
2008 Revised Edition
Page 11
11 Information concerning finding of new-born child to be given within 42
days
Where any living new-born child is found exposed, it shall be the duty of the person
finding the child, and of any person in whose charge the child may be placed, to give
to the best of his knowledge and belief to the registrar before the expiration of 42
days from the date on which the child was found, such information of the particulars
required to be registered concerning the birth of the child as the informant possesses:
Provided that the giving of information by any one of the said persons shall act as a
discharge of any duty under this section of any other of them.
12 Registrar's power to require information concerning birth
Where, after the expiration of 10 days from the date of the birth of any child or from
the date when any living newborn child is found exposed, the birth of the child has,
owing to the default of the persons required to register it, not been registered, the
registrar may by notice in writing require any qualified informant —
(a) to attend personally at the Registrar's office (or, if such office is more
than 20 miles distant from the informant's usual place of business or
abode, at some other place which is not so distant appointed by the
registrar within his district) before such date (being not less than 7 days
after the receipt of the notice nor more than 3 months after the date of
the birth or finding) as may be specified in the notice; and
(b) to give information to the best of that person's knowledge and belief of
the particulars required to be registered concerning the birth to the
registrar or to some person designated by him:
Provided that any such notice shall cease to have effect if, before the date specified
in the notice and before the person to whom the notice is given complies with it, the
birth is duly registered.
13 Registration of births free of charge
Where the registrar receives personally from any qualified informant at any time
before the expiration of 3 months from the date of the birth of any child or from the
date when any living new-born child is found exposed, information of the particulars
required to be registered concerning the birth of the child, then, subject as may be
prescribed in the case of an alleged still-birth where no certificate such as is
mentioned in section 20(1) is delivered, he shall forthwith register the birth and the
particulars, if not previously registered, in the prescribed form and manner without
any fee or reward from the informant.
Section 14 CAP. 17.10 Births, Deaths and Marriages Registration Act
2008 Revised Edition Page 12
14 Registration of births free of charge
(1) Where on the expiration of 3 months and before the expiration of 12 months
from the date of the birth of any child or from the date where any living new-
born child is found, the birth has not been registered, the registrar may by
notice in writing require any qualified informant —
(a) to attend personally at the registrar's office (or, if such office is more
than 20 miles distant from the informant's usual place of business or
abode, at some other place which is not so distant appointed by the
registrar within his district) before such date (being not less than 7 days
after the receipt of the notice nor more than 12 months after the date of
the birth or finding) as may be specified in the notice; and
(b) to make before the registrar, or some person designated by him, a
declaration according to the best of the declarant's knowledge and
belief of the particulars required to be registered concerning the birth.
(2) Upon any qualified informant attending before the registrar, whether in
pursuance of a requirement or not, and making such a declaration as aforesaid
and giving information concerning the birth the registrar shall then and there
register the birth according to the information of the declarant and the
registrar shall sign the entry of the birth.
15 Late registration assessors
For the purposes of sections 16 and 17 the Minister shall appoint from among those
persons appointed as island magistrates persons to be known as late registration
assessors.
16 Registration after 12 months from date of birth
Where after the expiration of 12 months from the date of the birth of any child or
from the date when any living new-born child is found exposed, the birth of the
child has not been registered, the birth shall not be registered except upon an order
of a late registration assessor made in accordance with section 17 and in such
manner as may be prescribed.
17 Late registration order
(1) Subject to the provisions of subsection (2) an application for an order under
section 16 shall be made to a late registration assessor by a qualified
informant and shall be accompanied by an affidavit setting out to the best of
such qualified informant's information and belief the particulars required to be
registered.
(2) Notwithstanding the provisions of subsection (1), where any person of full
age desires the registration of his own birth but in respect of which no
Births, Deaths and Marriages Registration Act CAP. 17.10 Section 18
2008 Revised Edition
Page 13
qualified informant able to give the particulars required to be registered is
available, he may himself make application to a late registration assessor for
an order under section 16 and any such application shall be accompanied by
an affidavit setting out to the best of the applicant's information and belief the
particulars of his birth required to be registered and the reasons why no
qualified informant is available to give such particulars.
(3) An applicant for an order under this section shall, at the same time as he
makes application to a late registration assessor, cause a copy of the
application and of any affidavit accompanying the application to be served
upon the Registrar-General.
(4) Upon receipt of an application under the provisions of this section, a late
registration assessor may order the Registrar-General, or his representative,
and the applicant to appear before them on such day, not being earlier than 42
days after the date of the application, as the assessor may determine.
(5) When an applicant appears before a late registration assessor in pursuance of
an order made under subsection (4) in that behalf —
(a) subject to the provisions of paragraph (b) the assessor may for the
purpose of satisfying himself regarding any question of fact summon
and examine on oath any person who the assessor has reason to believe
is able to give material evidence relating to such question;
(b) the applicant may call witnesses in support of his application;
(c) the Registrar-General, or his representative, may call witnesses in
rebuttal of any fact alleged by the applicant whether in any affidavit
made by him for the purposes of this section or in any evidence given
by him or by any witness called by him in support of his application;
(d) the applicant and any witness called by the applicant, and any witness
called by the Registrar-General may be cross-examined by the
Registrar-General, or his representative, or by the applicant as the case
may be.
(6) After hearing any evidence in accordance with the provisions of subsection
(5) a late registration assessor may grant or refuse to grant an order that the
birth in respect of which the application is made shall be registered:
Provided that a late registration assessor shall not grant an order for the
registration of the birth of an applicant requiring his own birth to be registered
unless he is satisfied that no qualified informant is available able to give
evidence of the particulars required for registration of the birth.
18 Penalty for improper registration
Save as provided in sections 14 or 16 a registrar shall not register the birth of any
child after the expiration of 3 months from the date of birth or in the case of a living
new-born child found exposed, from the date of the finding, and any person who
Section 19 CAP. 17.10 Births, Deaths and Marriages Registration Act
2008 Revised Edition Page 14
registers any birth or causes any birth to be registered in contravention of this
section shall be liable to a fine of $100 and to imprisonment for 6 months.
19 Provision as to father of illegitimate child
Notwithstanding anything in this Part, in the case of an illegitimate child no person
shall, as father of the child, be required to give information concerning the birth of
the child, and the registrar shall not enter in the register the name of any person as
father of the child except at the joint request made in writing and signed by both the
mother and the person acknowledging himself to be the father of the child.
20 Special provision as to registration of still-birth
(1) Any qualified informant giving information to the registrar of the particulars
required to be registered concerning a still-birth shall upon giving that
information either —
(a) deliver to the registrar a written certificate that the child was not born
alive signed by a medical practitioner or a mid-wife who was in
attendance at the birth or who has examined the body of the child; or
(b) make a declaration in the prescribed form to the effect that no medical
practitioner or mid-wife was present at the birth or has examined the
body or that his or her certificate cannot be obtained and that the child
was not born alive.
(2) The registrar upon registering a still-birth shall if so required give either to the
informant or to the person who has control over, or who ordinarily effects the
disposal of bodies at, the place where it is intended to dispose of the child's
body, a certificate under his hand in the prescribed form that he has registered
the still-birth, but may on receiving written notice of the still-birth
accompanied by such a certificate as is mentioned in subsection (1)(a) before
registering the still-birth give to the person sending the notice a certificate that
he has received notice of the still-birth; and any certificate given under this
subsection shall be given without fee.
(3) A registrar by whom a certificate has been given under subsection (2) may
upon receiving a satisfactory explanation of any circumstances by reason of
which the certificate is not available for the purpose of any law for the time
being in force relating to the disposal of the bodies of dead persons, issue on
payment of the prescribed fee, a duplicate thereof either to the person to
whom the original certificate was given or to the person effecting the disposal.
21 Certificate of registration of birth
At the time of registering the birth of any child the registrar shall if so required by
the informant of the birth and upon payment to him by the informant of such fee as
Births, Deaths and Marriages Registration Act CAP. 17.10 Section 22
2008 Revised Edition
Page 15
may be prescribed, give to the informant a certificate under his hand in the
prescribed form that he has registered the birth.
22 Change of name
Where the birth of any child has been registered before the child has received a
name or the name by which any child was registered is altered, the registrar may
upon the application of the parent or guardian of the child within 2 years of the date
of the registration, and on payment of the prescribed fee and on receipt of such
evidence as the registrar may require, without any erasure of the original entry, enter
in the register the name given to the child or the alteration in the name as the case
may be.
PART III - REGISTRATION OF DEATHS
23 Particulars of deaths to be registered
Subject to this Part, the death of every person dying in Tuvalu and the cause thereof
shall be registered by the registrar for the district in which the death occurred by
entering in a register kept for that district such particulars concerning the death as
may be prescribed:
Provided that where a dead body is found and no information as to the place of death
is available, the death shall be registered by the registrar for the district in which the
body is found.
24 Information concerning death in a house
(1) The following provisions of this section shall have effect where a person dies
in a house.
(2) The following persons shall be qualified to give information concerning the
death, that is to say —
(a) any relative of the deceased person present at the death or in attendance
during his last illness;
(b) any other relative of the deceased residing or being in the district where
the death occurred;
(c) any person present at the death;
(d) the occupier of the house if he knew of the happening of the death;
(e) an inmate of the house who knew of the happening of the death;
(f) the person causing the disposal of the body.
(3) It shall be the duty —
Section 25 CAP. 17.10 Births, Deaths and Marriages Registration Act
2008 Revised Edition Page 16
(a) of the nearest relative such as is mentioned in subsection (2)(a);
(b) if there is no such relative, of each such relative as is mentioned in
subsection (2)(b);
(c) if there are no such relatives, of each such person as is mentioned in
paragraph (c) or (d) of that subsection; or
(d) if there are no such relatives or persons as aforesaid, of each such
person as is mentioned in paragraph (e) or (f) of that subsection,
to give to the registrar, before the expiration of 5 days from the date of the
death, information to the best of his knowledge and belief of the particulars
required to be registered concerning the death:
Provided that —
(i) the giving of information by any one qualified informant shall act
as a discharge of any duty under this subsection of every other
qualified informant;
(ii) this subsection shall not have effect if an inquest is held on the
body or touching the death of the deceased person.
25 Information concerning other deaths
(1) The following provisions of this section shall have effect where a person dies
elsewhere than in a house or where a dead body is found and no information
as to the place of death is available.
(2) The following persons shall be qualified to give information concerning the
death, that is to say —
(a) any relative of the deceased who has knowledge of any of the
particulars required to be registered concerning the death;
(b) any person present at the death;
(c) any person finding or taking charge of the body;
(d) any person causing the disposal of the body.
(3) It shall be the duty —
(a) of each such relative as is mentioned in subsection(2)(a); or
(b) if there are no such relatives, of each other qualified informant,
to give to the registrar, before the expiration of 5 days from the date of the
death or of the finding of the body, such information of the particulars
required to be registered concerning the death as the informant possesses:
Provided that —
(i) the giving of information by any one qualified informant shall act
as a discharge of any duty under this subsection of every other
qualified informant;
Births, Deaths and Marriages Registration Act CAP. 17.10 Section 26
2008 Revised Edition
Page 17
(ii) this subsection shall not have effect if an inquest is held on the
body or touching the death of the deceased person.
26 Notice preliminary to information of death
If, before the expiration of 5 days from the date of the death or of the finding of the
dead body of any person, a qualified informant of that person's death gives to the
registrar a written notice of the person's death or of the finding of the body
accompanied by a notice given under section 30(2) of the signing of a certificate of
the cause of death, the information of the particulars required to be registered
concerning the death need not be given before the expiration of the said 5 days, but
shall, notwithstanding the notice, be given before the expiration of 14 days from the
date aforesaid by the person giving the notice or by some other qualified informant.
27 Registrar's power to require information concerning death
(1) Where, after the expiration of the relevant period from the date of the death or
finding of the dead body of any person, the death of that person has, owing to
the default of the persons required to give information concerning it, not been
registered, the registrar may by notice in writing require any qualified
informant —
(a) to attend personally at the registrar's office (or, if such office is more
than 20 miles distant from the informant's usual place of business or
abode, at some other place which is not so distant appointed by the
registrar within his district) before such date (being not less than 7 days
after the receipt of the notice nor more than 12 months from the date of
the death or of the finding of the body) as may be specified in the
notice; and
(b) to give information to the best of the informant's knowledge and belief
of the particulars required to be registered concerning the death to the
registrar, or to some person designated by him:
Provided that any such requirement shall cease to have effect if, before the
date specified in the notice and before the person to whom the notice is given
complies with it either —
(i) the death is duly registered; or
(ii) an inquest is held on the body or touching the death of the
deceased person.
(2) In this section, the expression “the relevant period” means —
(a) where notice has been duly given to the registrar in accordance with the
provisions of section 26, 14 days; and
(b) in any other case, 5 days.
Section 28 CAP. 17.10 Births, Deaths and Marriages Registration Act
2008 Revised Edition Page 18
28 Registration of death free of charge
Where the registrar receives personally from any qualified informant, at any time
before the expiration of 12 months from the date of the death or finding of the dead
body of any person, information of the particulars required to be registered
concerning that person's death, then, so soon as he has received any particulars
required to be registered concerning the cause of the death which are required to be
given by any person other than the informant, he shall forthwith register the death
and the particulars, if not previously registered, in the prescribed form and manner
without any fee or reward from the informant.
29 Registration of death after 12 months
(1) After the expiration of 12 months from the date of the death or finding of the
dead body of any person, the death of that person shall not be registered
except with the written authority of the Registrar-General and in such manner
and subject to such conditions as may be prescribed, and the fact that the
authority of the Registrar-General has been obtained shall be entered in the
register.
(2) When any death is registered under this section upon the giving of
information by a qualified informant that informant shall pay a fee of $1 to
the Registrar-General and, except where the delay was caused by the failure
of the registrar to make a requirement under section 27 or otherwise by the
registrar's default, a like fee to the registrar.
30 Certificate of cause of death
(1) In the case of the death of any person who has been attended during his last
illness by a medical practitioner, that practitioner shall sign a certificate in the
prescribed forth stating to the best of his knowledge and belief the cause of
death and shall forthwith deliver that certificate to the registrar.
(2) On signing a certificate of the cause of death under subsection (1), the medical
practitioner shall give in the prescribed form to some qualified informant of
the death, notice in writing of the signing of the certificate and that person
shall, except where an inquest is held on the body or touching the death of the
deceased person, deliver the said notice to the registrar.
(3) Except when an inquest is held on the body or touching the death of the
deceased person a registrar to whom a certificate of cause of death is
delivered under subsection (1) shall enter in the register the cause of death as
stated in the certificate together with the name of the certifying medical
practitioner.
Births, Deaths and Marriages Registration Act CAP. 17.10 Section 31
2008 Revised Edition
Page 19
31 Furnishing of information by magistrate holding inquiring
(1) When an inquiry is held on any dead body or touching any death the
magistrate holding the same shall send to the registrar within 5 days after the
finding of the inquiry is given a certificate under his hand giving information
concerning the death and specifying the finding with respect of the particulars
required to be registered concerning the death and specifying the time and
place at which the inquiry was held.
(2) On receiving a certificate under subsection (1) the registrar shall in the
prescribed form and manner register the death and the particulars as found at
the inquiry and if the death has been previously registered the said particulars
shall be entered in the prescribed manner without any alteration of the original
entry.
32 Certificate as to registration of death
(1) The registrar upon registering any death shall forthwith give to the person
giving information concerning the death a certificate under his hand that he
has registered the death; but may, before registering the death and subject to
such conditions as may be prescribed, upon receiving written notice of the
occurrence of a death in respect of which he has received a certificate under
section 30, give to the person sending the notice, if required to do so, a
certificate under his hand that he has received notice of the death; and any
certificate given under this subsection shall be given without fee.
(2) Where the body of a deceased person has been removed into Tuvalu from
some place outside Tuvalu for disposal and no order has been given by a
magistrate in respect thereof the registrar of the district in which it is intended
to dispose of the body if it appears that the death is not required by law to be
registered in Tuvalu shall upon application by the person procuring the
disposal and upon payment of the prescribed fee give a certificate to that
effect in the prescribed form.
(3) A person to whom any certificate issued by the registrar under this section is
delivered shall transmit it to the person effecting the disposal of the body of
the deceased person.
(4) A registrar by whom a certificate has been given under this section may upon
receiving a satisfactory explanation of any circumstances by reason of which
the certificate is not available for the purposes of any enactment relating to the
disposal of the bodies of dead persons issue on payment of the prescribed fee
a duplicate thereof either to the person to whom the original certificate was
given or to the person effecting the disposal of the body; and any such
duplicate certificate shall be in a distinctive form.
(5) Where on the expiration of the prescribed period after the issue in respect of
any deceased person of a certificate under this section no notification as to the
date, place and means of disposal of the body has been received by the
Section 33 CAP. 17.10 Births, Deaths and Marriages Registration Act
2008 Revised Edition Page 20
registrar from the person effecting its disposal, the registrar shall make
inquiry of the person to whom the certificate or order was issued and it shall
be the duty of that person to give information to the best of his knowledge and
belief as to the person having the custody of the certificate or order, the place
in which the body is lying or, if the body has been disposed of, the person
effecting the disposal.
PART IV - MARRIAGES
33 Duties of Registrar-General, registrars, certain ministers etc., with
regard to registration etc., of marriages
It shall be the duty of the Registrar-General, and of every registrar, to accept, keep in
safe custody, maintain, and make any register, certificate, copy, entry or quarterly
return, and to do, or act in or upon, any other matter or thing connected with the
registration of marriages as he or they may be required by this or any other Act for
the time being in force to be accepted, kept, maintained, made, done or acted in or
upon.
PART V - GENERAL
34 Duty of registrar to send certified copies of entries to Registrar-General
Every registrar shall in the months of January, April, July and October on such days
as may be appointed by the Registrar-General —
(a) make and deliver to the Registrar-General in the prescribed form a true
copy, certified by him in the prescribed manner of all the entries of
births, deaths and marriages made in the registers kept by him during
the period of 3 months ending with the last day of the month
immediately preceding that in which the copy is required by this section
to be made;
(b) if no birth, death or marriage has been registered in his district during
that period, deliver to the Registrar-General in the prescribed form a
certificate to that effect under his hand.
35 Custody of registers, etc.
(1) Every registrar shall keep safely all registers of births, deaths and marriages
which are in his custody and, when not in use, the registers shall be kept in the
register box provided by the Registrar-General for the purpose.
Births, Deaths and Marriages Registration Act CAP. 17.10 Section 36
2008 Revised Edition
Page 21
(2) When a register of births, deaths or marriages is filled, the registrar shall
deliver it to the Registrar-General.
(3) The certified copies sent to the Registrar-General under section 34 and the
registers delivered to him under subsection (2) shall be kept in the General
Registry Office in such order and manner as the Registrar-General, subject to
the direction of the Minister, may think fit.
36 Correction of errors in registers
(1) No alteration shall be made in any register of births or deaths except as
authorised by this or any other Act.
(2) A clerical error, other than an error of fact or substance, in any register may,
subject to any direction of the Registrar-General, be corrected by entry in the
margin (without any alteration of the original entry) by the officer having
custody of the register free of charge.
(3) Notwithstanding the provisions of section 43(4), an error of fact or substance
in any such register may be corrected by entry in the margin (without any
alteration of the original entry) by the officer having the custody of the
register upon payment to him by the person requiring the error to be corrected
of a fee of 50 cents and on production to him by that person of a statutory
declaration setting forth the nature of the error and the true facts of the case
made by two qualified informants of the birth or death with reference to
which the error has been made, or in default of two qualified informants then
by two credible persons having knowledge of the truth of the case; and such
statutory declarations shall be filed separately and maintained and preserved
as a supplement to the register to which they relate.
(4) Where an error of fact or substance (other than an error relating to the cause
of death) occurs in the information given in a magistrate's certificate
concerning a dead body upon which or a death touching which he has held an
inquiry, the magistrate if satisfied on oath or statutory declaration that such
error exists, may certify under his hand to the officer having the custody of
the register in which the information is entered the nature of the error and the
true facts of the case as ascertained by him on that evidence, and the error
may thereupon be corrected by that officer, in the register by entering in the
margin (without any alteration of the original entry) the facts so certified by
the magistrate.
(5) Any correction in a register made in accordance with this section or of section
43 (4) must be attested by the initials of the person making it.
37 Searches of indexes kept by the Registrar-General
(1) The Registrar-General shall cause indexes of all certified copies of entries in
registers sent to him under the provisions of this Act or any other law for the
Section 38 CAP. 17.10 Births, Deaths and Marriages Registration Act
2008 Revised Edition Page 22
time being in force in Tuvalu to be made and kept in the General Registry
Office.
(2) Any person shall be entitled to search the said indexes at any time when the
General Registry Office is open for the purpose and to have a certified copy of
any entry in the said certified copies on payment to the Registrar-General of
the prescribed fee.
38 Search in registers kept by registrars
Every registrar shall at any time when his office is required to be open for the
transaction of public business allow searches to be made in any register of births,
register of deaths or register of marriages in his keeping and shall give a copy
certified under his hand of any entry therein on payment of the prescribed fee.
39 Short certificate of birth
(1) Any person shall on payment of the prescribed fee and on furnishing the
prescribed particulars be entitled to obtain from the Registrar-General or from
a registrar a short certificate of the birth of any person.
(2) Any such certificate shall be in the prescribed form and shall be compiled in
the prescribed manner from the records and registers in the custody of the
Registrar-General or from the register in the custody of the registrar, as the
case may be, and shall register such particulars as may be prescribed:
Provided that any particulars prescribed in addition to name, surname, sex and
date of birth shall not include any particulars as to parentage or adoption
contained in any such records or registers.
40 Entry in register as evidence of birth, death or marriage
(1) The following provisions shall have effect in relation to entries in registers
under this Act or under any provisions of any Act repealed by this Act.
(2) Where more than 3 months have intervened between the date of birth of the
child, or the date when any living new-born child was found exposed, and the
date of registration of the birth of that child, the entry or a certified copy of
the entry in the register, or a certified copy of the register shall not be
evidence unless —
(a) if it appears that not more than 12 months have so intervened, the entry
purports to be signed by the registrar;
(b) if more than 12 months have so intervened the entry purports to have
been made on the authority of an order of a late registration assessor:
Provided that this subsection shall not apply in any case when the original
entry in the register was made before the date of commencement of this Act.
Births, Deaths and Marriages Registration Act CAP. 17.10 Section 41
2008 Revised Edition
Page 23
(3) Where more than 12 months have intervened between the date of the death, or
the finding of the dead body of any person, and the date of the registration of
that person's death, the entry or a certified copy of the entry of the death in the
register, or a certified copy of the register, shall not be evidence of the death
unless the entry purports to have been made with the authority of the
Registrar-General:
Provided that this subsection shall not apply in any case when the original
entry in the register was made before the date of commencement of this Act.
(4) A certified copy of an entry in a register or in a certified copy of a register
shall be deemed to be a true copy notwithstanding that it is made in a form
different from that on which the original entry was made, if any difference in
the column headings under which the particulars appear in the original entry
and the copy respectively are differences of form only and not of substance.
(5) The Registrar-General shall cause any certified copy of an entry given in the
General Registry Office to be sealed or stamped with the prescribed seal of
that office, and subject to the foregoing provisions of this section any certified
copy of an entry purporting to be sealed or stamped with the seal of that office
shall be received as evidence of the birth, death, or marriage to which it
relates without any further or other proof of the entry, and no certified copy
purporting to have been given in the said office shall be of any force or effect
unless it is sealed or stamped as aforesaid.
(6) The Registrar-General may cause to be transferred to the General Registry
Office all registers of marriages and all records of births and deaths under any
law or Act no longer in force, and subsections (4) and (5) shall apply to copies
of entries in such transferred registers or records issued by the Registrar-
General.
41 Offences relating to registers
If any person commits any of the following offences, that is to say —
(a) if, being a registrar, he refuses, or without reasonable cause omits, to
register any birth or death or particulars concerning which information
has been tendered to him by a qualified informant and which he is
required by or under this Act to register; or
(b) if, being a registrar, he fails or neglects to maintain any register in the
manner prescribed in this Act;
(c) if, being a person having the custody of any register of births or register
of deaths, he carelessly loses or injures the register or carelessly allows
the register to be injured; or
(d) being a deputy registrar appointed under section 44 without reasonable
cause, he —
(i) refuses to receive information concerning any birth, death or
marriage tendered to him by any qualified informant, or
Section 42 CAP. 17.10 Births, Deaths and Marriages Registration Act
2008 Revised Edition Page 24
(ii) having so received such information as aforesaid, omits to record
or transmit it to the registrar of the district in the form and
manner provided by this Act,
he shall be liable to a fine of $50.
42 Penalties for failing to give information, etc.
If any person commits any of the following offences, that is to say —
(a) if, being required by or under this Act to give information of any birth
or death or of any living new-born child found exposed or of any dead
body, he wilfully refuses to answer any question put to him by the
registrar relating to the particulars required to be registered concerning
the birth or death or, save as is provided in this Act, fails to comply
with any requirement of the registrar made thereunder;
(b) if he refuses or fails without reasonable excuse to give, deliver or send
any certificate which he is required by this Act to give, deliver or send;
(c) if, being a parent and save as provided in this Act, he fails to give
information concerning the birth of his child as required by this Act;
(d) if being a person upon whom a duty to give information concerning a
marriage is imposed by section 33, he fails to give that information; or
(e) if being a person upon whom a duty to give information concerning a
death is imposed by section 25 (3)(a) he fails to give that information
and that information is not given,
he shall be liable to a fine of $10 for each offence.
43 False statements, etc., as to births and deaths
(1) If any person —
(a) wilfully makes any false answer to any question put to him by any
registrar relating to the particulars required to be registered of any birth
or death, or of any living new-born child found exposed or of the
finding of a dead body, or wilfully gives to any registrar any false
information concerning the aforesaid matters; or
(b) wilfully makes any false certificate or declaration under or for the
purposes of this Act or knowing or having reason to believe such
certificate or declaration to be false, uses the same as genuine; or
(c) wilfully makes, gives or uses any false statement or declaration as to a
child born alive or having been still-born, or as to disposal of the body
of a deceased person or a still born child, or falsely pretends that any
child born alive was still-born; or
(d) makes any false statement with intent to have the same inserted in any
register of births or deaths,
Births, Deaths and Marriages Registration Act CAP. 17.10 Section 44
2008 Revised Edition
Page 25
he shall be liable to a fine of $600 and to imprisonment for 3 years.
(2) A prosecution for an offence under this section shall not be commenced more
than 3 years after the date of the commission of the offence.
(3) When any particulars relating to any birth or death or to a living new-born
child found exposed or to the finding of a dead body are received by a
registrar for the purposes of this Act and the registrar has reason to believe
that such particulars are not, or may not be, true, the registrar shall forthwith
report the matter to the Registrar-General, together with his reasons for so
believing.
(4) Where in any proceedings under subsection (1) the court is satisfied that by
reason of the offence charged an error of fact or substance has been made in
any register, the court may certify to the officer having custody of the register
that such error exists and the true facts of the case so far as may have been
ascertained by the court and the error may thereupon be corrected by that
officer in the register by entering in the margin (without any alteration of the
original entry) the facts so certified by the court; and such a correction shall
be free of charge and the certificate of the court shall be filed separately and
maintained and preserved as a supplement to the register to which it relates.
44 Deputy registrars may be appointed to receive information on behalf of
registrars
(1) It shall be lawful for the Registrar-General to appoint fit and proper persons to
be deputy registrars of births, deaths and marriages in and for any part of a
district for the purpose of receiving from any person on behalf of the registrar
of births, deaths and marriages appointed for such district any information
required by any of the provisions of sections 10, 11, 20, 24, 25, 26, 30, 31 or
33 or by the provisions of section 18 of the Marriage Act2 to be given by such
person to the registrar and the giving of any such information to a deputy
registrar of births, deaths and marriages in and for any part of a district shall
be deemed to be the giving thereof to the registrar of such district.
(2) It shall be the duty of each and every deputy registrar of births, deaths and
marriages appointed under the provisions of the preceding subsection to
receive any information given to him thereunder and to record, and transmit,
the same to the registrar of births, deaths and marriages for the district in
question in such form and manner as may for the time being be prescribed, or,
if no such prescription shall have been made, as the Registrar-General may
direct.
Section 45 CAP. 17.10 Births, Deaths and Marriages Registration Act
2008 Revised Edition Page 26
45 Forms Schedule 1
Subject to the provisions of section 47, the forms in Schedule 1, or forms to the like
effect, shall be used in the cases to which they refer, with such variation as
circumstances may require.
46 Fees Schedule 2
The fees specified in Schedule 2 shall, until replaced, varied or revoked by
regulations made under section 47, be charged for the various matters and things
enumerated in the said Schedule.
47 Regulations
The Minister may make regulations for the better carrying into effect of the
provisions of this Act and, without prejudice to the generality of the foregoing
power, such regulations may —
(a) prescribe forms or fees or replace, revoke, vary, or add to any of the
forms or fees prescribed by this Act;
(b) direct by whom and in what manner fees payable under this Act are to
be collected and accounted for; and
(c) provide for the furnishing of information required to be given under this
Act.
48 Savings
Any registration effected, certificate issued, notice or information given, order,
regulation or return made or other things done under the law making provision for
the registration of births, deaths and marriages in force immediately before the
commencement of this Act shall continue in force an have effect as if effected,
issued, given, made or done under the corresponding provision of this Act.
Births, Deaths and Marriages Registration Act CAP. 17.10 SCHEDULE 1
2008 Revised Edition
Page 27
SCHEDULE 1
(Section 45) - FORMS
REGISTER OF BIRTHS
[FORM 1]
No CHILD PARENTS INFORMANT REGISTRATION
Where
born and
when. (If
still-born
state so in
this
column)
Father Mother Name,
occupation
and place of
residence
When
and
where
notified
Name if
added
after
registrat
ion.
Name Sex
Name Occup
ation
Age Bir
th
pla
ce
Whe
n
and
wher
e
marri
ed
Previous
issues,
living and
deceased
Name Age Birth
place
SCHEDULE 1 CAP. 17.10 Births, Deaths and Marriages Registration Act
2008 Revised Edition Page 28
REGISTER OF DEATHS
[FORM 2]
No Date of
Death and
where it
occurred
Nam
e and
Occu
patio
n
Sex Age Cause
of
death
Durati
on of
last
illness
Medic
al
practit
ioner
by
whom
certifi
ed
When
he last
saw
decea
sed
Name
of
father
Occup
ation
of
father
Name
of
mothe
r
Name,
occupati
on and
place of
residenc
e of
informan
ts
Whe
n
burie
d and
wher
e
Where
born and
how long
in Tuvalu
Was
deceased
ever
married? If
so, state
when, and to
whom
Issue, in
order of
births: their
names and
ages
Births, Deaths and Marriages Registration Act CAP. 17.10 SCHEDULE 1
2008 Revised Edition
Page 29
REGISTER OF MARRIAGES
[FORM 3]
NO PARTICULARS OF PARTIES PARTICULARS OF MARRIAGE
Name Occu
patio
n
Age Place of
residenc
e at
time of
marriag
e
Cond
ition
Father's
name,
occupation
and place
of birth
Date of
marriage
Place of
marriage
By whom marriage
performed
Witnesses of marriage
HUSBAND
WIFE
SCHEDULE 1 CAP. 17.10 Births, Deaths and Marriages Registration Act
2008 Revised Edition Page 30
SHORT CERTIFICATE OF BIRTH
[FORM 4]
TUVALU
BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT
(Section 39)
SHORT CERTIFICATE OF BIRTH
No.
I HEREBY CERTIFY that, according to the record of birth in my office
......................................................................................................................
was born at......................................................................................, in Tuvalu, on the
........................day of ..............20...............
REGISTRAR [GENERAL]
OF BIRTH, DEATHS AND MARRIAGES
[FOR...............DISTRICT]
Dated at .........................this......................day of ...................20....................
Births, Deaths and Marriages Registration Act CAP. 17.10 SCHEDULE 2
2008 Revised Edition
Page 31
SCHEDULE 2
(Section 46)
FEES3
$ c
1. For a general search in any register.................................
Provided however that no fee shall be payable for a search made solely for
the purpose of ascertaining the age of any person to enable evidence of such
age to be given to any court or educational institution……………………
2
00
2. For a certified copy of any entry in a register..................................... 8
00
3. For a short certificate of birth....................................... 4
00
4. For a late entry of any birth…………………………. 4
00
ENDNOTES CAP. 17.10 Births, Deaths and Marriages Registration Act
2008 Revised Edition Page 32
ENDNOTES
1 By GN 41/1977 the Secretary to Government was appointed Registrar-General
2 Cap. 17.25
3 Amended by LN 10/1991
